Revolutionary War Pension and Bounty Land Warrant Application File S. 10,738, Niles Giddings, Conn.

SERVICE
NUMBER
Conn.
Giddings Niles or Gidding
S. 10738
CONTENTS
carded.

20.96 2/3 New York Gov.
Niles Giddings
of Genesee Co. in the State of New York who was a Private in the Comp. commanded by Captain Billings of the Regt. commanded by Col. Swift in the Count. time for 10 months and 23 days —
Inscribed on the Roll of New York at the rate of $35 Dollars 80 Cents per annum to commence on the 14th day of March, 1834.
Certificate of Pension issued the 23 day of Oct. 1833 — and Susanna Hrocker Warsaw
Arrears to the 4th of Sep. 33 $89.66 Semi-ant. allowance ending Apr. 34 17.93
* Signs  $107.59
Giddings Giddings
{ Revolutionary War Act June 7, 1832 Col. Swift
Recorded by Book E. Vol. 1. Page

State of New York Genesee County 3ss. On this seventeenth day of October in the year of our Lord One Thousand eight hundred and thirty two. Personally appeared before the Court of Common Pleas of the County of Genesee now sitting. Holden before Hon Isaac Nelson first Judge. William Mitchell Robert Caill Jun and Simon Cunnings Judges of the same Court Niles Giddings, a resident of the Town of Warsaw in the County of Genesee and State of New York, who being first duly sworn, according to Law doth on his oath make the following Declaration in order to obtain the benefit of the provision of the act of Congress passed June 7th 1832
That he entered the Service of the United States, under the following named Officers and served as herein stated
That in the latter part of the month of July 1781 he resided at the place of his nativity which was in Hartland, now in Litchfield County, Connecticut, there was a call for the services of the Militia for the purpose of protecting New Haven and he entered the Service as a Volunteer under Captain Shephard, an Officer of the Militia and marched to New Haven where he remained till about the last of October. The company was employed in the service of guarding the City and its inhabitants from the attacks of the British who had made a hostile visit, and returned to their Ships one or more of which remained on the Coast and occasionally approached and fired on the place. There were other companies of Militia there but he does not recollect the name of the Colonel who com= manded the forces. The soldiers occupied houses from which the inhabitants had removed. He returned home about the last of October. He was then in the sixteenth year of his age. He was born on the nineteenth of December 1765
And he further declares that on or about the twentieth day of March 1782 he Enlisted in the Army of the United States with Captain Billings and served in the Second Regiment of the Connecticut line under the following named Officers Colonel Neman Swift, commanded the Regiment and Theodore Wood= bridge was a Major in the same Regiment. On the first day of April 1782 he was mustered with the Company at Litchfield

and was employed three two Weeks in guarding the Continental Stores That he then marched to the Highlands on the Hudson River where he remained with the Regiment till June, and they then marched to New Jersey where they remained on the lines (so called) for one Month. The Service there performed was principally in watching the movements of the Tories and Cow-boys. Some of whom were occasionally taken prisoners. — That early in July the Regiment marched to Verplanck's Point where he remained with them during the summer. That in October he was still stationed there and assisted in transporting the French army across the Hudson, when on their way from the South to Boston for the purpose of Embarking for the West Indies. That when Winter approached he marched with the Regi- ment a little distance down the Hudson, where they erected Huts for the accommodation of the Army in the Winter, at the High- lands. That on the twenty fifth or twenty sixth of December, 1782 he received an honorable discharge from Colonel Swift together with an Order on the Commissary, or as they were called, then) the Keeper of the Continental Stores , for provisions to sustain him on his way home to Hartland.
He hereby relinquishes every claim whatever to a Pension or an annuity except the present, and he declares that his name is not on the Pension Roll of any Agency in any State.
That he resided in Litchfield County, Connecticut until he was about 25 years of age when he removed to Granville, Washington County, New York, where he remained about twenty years, and then removed to Warsaw, Genesee County where he has resided for twenty one years past. — He has no documentary evidence of his service and he knows of no person whose testimony he can procure that can testify to his service. He is acquainted with Rev. Jahaz Booms and with Genl Mc Elvain of Warsaw who can testify to his character for truth and veracity. It appears by the Record in his Family Bible that he was born December 19th 1765. Subscribed and sworn the day and year aforesaid in open court
Timothy Fitch Clerk
Niles Giddings

We Jabez Boomer a Clergyman residing in Warsaw Genesee County and William Whiting residing in the same Town hereby certify that We are acquainted with Niles Giddings who has subscribed and sworn to the above Declaration and We believe him to be of the age which he states - And I Leavet Parker certify that I am also well acquainted with said Niles Giddings and that he is reputed and believed to in his neighborhood to have served in the Revolu- tionary War - and We severally certify that he is a man of good reputation for truth - Subscribed & sworn to the day & year aforesaid in open court  Jabez Boomer William Whiting Leavet his Parker mark  Timothy Fitch Clerk
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the above named Applicant was a Revolutionary Soldier and served as he states - And the Court further certifies that it appears to them that Jabez Boomer who has signed the foregoing Certificate is a Clergyman residing in the Town of Warsaw and that William Whiting who also signed the same and that Leavet Parker who made his mark and made oath thereto are residents of the Town of Warsaw, and are credible persons - and their statement is entitled to credit.
Isaac Wilson William Mitchell Robert Darrell

I Timothy Fitch Clerk of the County of Genesee and Clerk of the Court of Common Pleas of the same County, the same being a Court of Records, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the Application of Niles Giddings for a pension In testimony whereof I have hereunto set my hand and Seal of Office this 15 th day of October 1832 - Timothy Fitch Clerk
Niles Giddings Declaration
18250

No 18256 Conesville Niles Giddings Genesee County New York
e.
Enl 30 Apr 1782 dis 7 Dec 1782 m days 7.93
roll of Col Swift Admired Private 10 mo & 23 days
23 27 25 3 35 8 1 17 1 7 1 7 1 7 8 9 6 6
James Brockman Warren Genesee County New York

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Niles Giddings Genesee County New York
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Vol. July 1781 about 3 - private Capt. Shepherd Marched to New Haven about 68 years Hartland traditional evidence Clergeman's certificate   Continued March 1782 about 7 23 private Capt. Billings Col. Swift Mustered at Litchfield Litchfield County Connecticut Witnesses certificate credible - papers correctly authenticated.   10 23  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.] And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate, is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

In reply to your request of _____, received for a statement of the military history of Miles Giddings a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
File 10738
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     July 1781 3 mos. Pri. Shepherd Ozias Pettibone Conn.   March 20 - 82 to Dec 26 82 Billings Kimball Hermon Swift 2 Conn.        
Battles engaged in,
Residence of soldier at enlistment, Hartland, Conn.
Date of application for pension, Oct. 15, 1832.
Residence at date of application, Waresville, Mineral Co., N.H.
Age at date of application, Born at Hartland, Litchfield Co. Conn Dec. 19, 1765
Remarks: Died for death
Cof. 20967 issued Oct. 23, 1833 under Act June 7, 1832
N.Y. Agency-
Very respectfully,

Rev. 1870
10738 INVALID.
1897 Apr 27 - Hirt to Mrs. J. B. Crosscutt, a
File No. 10,738
Niles Giddings
Dis New Mar.
Act: June 7 th 82
Index: Vol. A , Page 142
[Arrangement of 1870.]
* Signs Giddings & Giddings

State of New York Genesee County ss
Personally appeared before me the undersigned a justice of the Peace of the Town of Warsaw in the County of Genesee Niles Giddings of Warsaw aforesaid who being duly sworn deposeth and saith that by reason of old age and the consequent loss of Memory he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and as a private soldier - for the term of three months he served in the Militia as a Volunteer under Captain Ephraim on an expedition and he has recollected since the making of his Declaration that the Regiment was under the command of Elias Pettibone who was a Colonel of Militia - The service was performed at New Haven, Connecticut - His second term of service was nine months which he served under Captain Billings in Colonel Swift's Regiment and he thinks before the expiration of his service Captain Kimbaly commanded the Company - He was regularly discharged, by Colonel Swift, in season to march from the place where the Regiment was stationed to Litchfield County, the place of his residence within the term of his enlistment, between the 25th of December and the first of January - He has lost his discharge, but he was discharged as having honorably served the period of his enlistment which was for nine months - this service was performed in the New York Connecticut line of the Army of the United States according to his best recollection & belief and the whole amount of the time of his service as a private in the War of the Revolution he believes was not less than one year and for this service he claims a pension
Subscribed & sworn
July 19th 1833 before me
Orson Hough Justice of the Peace
Niles Giddings

State of New York Genesee County
ss I Timothy Fitch Clerk of said County. Orson Hough Esquire before whom the within Affidavit purports to have been taken and made was at the date of taking the same a Justice of the Peace in and for said County I further certify, that I am well acquainted with the hand writing of said Justice and verify believe his name subscribed to said affidavit is the genuine signature of said Justice.
In testimony whereof I have hereunto set my name and seal of office this twentieth day of July 1833—
Timothy Fitch Clerk By B. Pringle Deputy
Niles G. Gullings Affidavit

3.10738.

Hill Crest
J. B. Crossett
Warsaw, N. Y. April 22nd 1907.
Pension Office
Washington, D.C.
Gentlemen, -
I am trying to get the Records of the Revolutionary soldiers buried here so to have Markers put up.
I understand that Miles Geddings was a Pensioner and if so will you kindly send me the Records,
Thanking you for any favor
I am yours respectfully
Elias H. Crossett (Ins. J. B.)